A new subsection has been added to Section 202.16 to the Uniform Rules for the Supreme Court and County Court and it is effective immediately. It governs electronic filing in matrimonial actions and in new section 202.16-c, paragraph (8) provides a new requirement:
Within 60 days after a judgment of divorce, separation, annulment or declaration that a marriage is void or voidable, attorneys must remove their representation from NYSCEF. In the past, attorneys could remove their representation from NYSCEF only after a consent to change attorney was filed, a court authorized withdrawal or change of attorney, attorney left the firm representing the client or the case was reassigned within the office or attorney had filed a limited scope appearance and you completed that purpose.
But none of those four options currently on NYSCEF apply to the new requirement that attorneys withdraw representation following entry of a judgment or QDRO. As of today, those are still the only four options on NYSCEF that allow an attorney to withdraw representation. Hopefully NYSCEF will soon be updated to include the new requirement.
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